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C.P. (NIG.) LTD,
V.
MIDAS BANK PLC.

(2005) JELR 75794 (CA)

Court of Appeal 5 Dec 2005 Nigeria
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Judges:JOHN AFOLABI FABIYI, J.C.A. (Presided and Read the Leading Riding), PIUS OLAYIWOLA ADEREMI, J.C.A., MONICA B. DONGBAN-MENSEM, J.C.A.
Counsel:J. Ekumeze, Esq. - for the Applicants Mr. B. E. I. Nwoform, SAN (with him, B. O. B. Udeibe, Esq.) -for the Respondent
Other Citations:(2006) 13 NWLR (Pt. 996) 61

FABIYI, J.C.A. (Delivering the Leading Ruling): As manifest in exhibit A attached to the applicants' application filed on 19th January, 2005, the learned trial Judge of the Rivers State High Court of Justice, Ogbuji, J. entered judgment in favour of the respondent against the applicants jointly and severally as follows:

"(1) The sum of N41,993,790.22 being the unpaid outstanding import finance facility inclusive of the accrued interest as at 2nd May, 2003 which the plaintiff granted to the 1st defendant at its request and guaranteed by the 2nd defendant.

(2)Interest on the said sum of N41,993,790.22 at the rate of 35% per annum with effect from 3rd May, 2003 till


April, 2004 and thereafter 10% per annum from April, 2004 until full payment of the entire debt. There is no order as to cost."

The applicants herein felt aggrieved with the stance of the learned trial Judge and have appealed to this court as manifest in exhibit B. The applicants then filed an application at the lower court on 19…

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